Muthukumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI MUTHUKUMAR ... PETITIONER/ ACCUSED NO.3 Vs THE INSPECTOR OF POLICE S.S.COLONY POLICE STATION, MADURAI CITY.

MADURAI.

(IN CRIME NO.329/2023.) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.P.THANGAM, Advocate For Respondent : MR.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER: FOR BAIL IN CRIME NO.329 OF 2023 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner/A3, who was arrested and remanded to judicial custody on 10.03.2023 for the offence punishable under Sections 8(c) r/w 20(b)(ii)(C), 29(1) and 1/3

25 of the Narcotic Drugs & Psychotropic Substances Act, 1985 in Crime No.329 of 2023, on the file of the respondent Police, seeks bail. 2.The case of the prosecution is that on 10.03.2023, at about 08.30 am., the respondent police intercepted the petitioner and other accused and on search, it was found that they were in illegal possession of 23 kgs of ganja. Hence, the case. 3.The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and the recovery was made only from the other accused and not from the petitioner herein. Therefore, he prayed to grant bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that already the petitioner herein filed a petition for bail and this Court dismissed the same on 03.01.2024. He would further submit that there is no change in circumstances. Hence, he prayed to dismiss the present petition. 5.On perusal of records reveals that the petitioner and other accused were found in joint possession of 23 kgs of ganja and this Court already considered all 2/3

those aspects and dismissed the earlier petition filed by the petitioner. There is no change in circumstances. Therefore, this Court is not inclined to grant bail to the petitioner. Accordingly, this criminal original petition is dismissed. sd/- 04/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (CS- I / II /III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

gns TO 1.THE INSPECTOR OF POLICE S.S.COLONY POLICE STATION, MADURAI CITY.

MADURAI.

2.THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN Date :04/03/2024 RK/GS (11/03/2024) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3